The Research On The Application Of Law Of Formal Equity-essential Debate

With the development of the socialist market economy,the existing financing channels cannot meet the needs of the financial market,in this case various emerging financing models have emerged.Among them,based on the pursuit of the rights and interests of equity investment and the pursuit of stable return of debt investment,as an innovative investment business,the Formal Equity-essential Debate is widely used by many enterprises.However,from the perspective of the existing judicial cases,the legal nature of the Formal Equity-essential Debate is still stay uncertain,and its legal application is not fully discussed,so there is a great controversy,and comes out a lot of difficult issues.In this paper,we will analyze the legal nature and legal application of Formal Equity-essential Debate by discussing its trading pattern and the related cases.Moreover,we will discuss the difficult issues of the Formal Equity-essential Debate.At the same time,in particular,the article is divided into the following four parts:The first part is the introduction,which puts forward the problems discussed in this paper,and the domestic research situation of the Formal Equity-essential Debate.Moreover,we will talk about the research structure and innovation point of this paper.The second part elaborates the introduction of the Formal Equity-essential Debate,and analyzes the risks of it.The third part analyzes the specific cases of the Formal Equity-essential Debate,with discussing the academic theory of Transferring Guarantee,The Principle of Autonomy of Will,Rechtsschein Theorie,and distinguish the internal and external relations of Formal Equity-essential Debate to determine its legal nature.The fourth part is to discuss the legal application of the Formal Equity-essential Debate,especially those issues comes from the related cases.